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Lessons from export to New Zealand of the second opinion appointed doctor scheme

  • John Dawson (a1), Paul Glue (a1), Pete M. Ellis (a2), Jessie Lenagh-Glue (a1), David Goldsmith (a3) and Don A. R. Smith (a2)...
Abstract
Aims and method

We compared findings of an audit of New Zealand's version of the second opinion appointed doctor (SOAD) scheme with published information on the equivalent scheme for England and Wales, to consider what might be learnt from the different jurisdictions' experience.

Results

Strong similarities exist between the two schemes in the demographic profile of individuals subject to the SOAD process and rates of approval of compulsory treatment. The clearer legal framework for the English scheme and its supervision by an independent national agency may offer significant advantages in terms of consistency and transparency, compared with the informal, decentralised structure of New Zealand's scheme.

Clinical implications

Clinicians may not always favour greater formality or elaborate national structures for administering the Mental Health Act, but there are advantages in promoting clarity and consistency in a mandatory statutory process designed to protect compulsory patients' rights.

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Copyright
This is an open-access article published by the Royal College of Psychiatrists and distributed under the terms of the Creative Commons Attribution License (http://creativecommons.org/licenses/by/4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
Corresponding author
Correspondence to John Dawson (john.dawson@otago.ac.nz)
Footnotes
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Declaration of interest

None.

Footnotes
References
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1 New Zealand Government. Mental Health (Compulsory Assessment and Treatment) Act 1992 (NZ), sections 59, 60. New Zealand Government, 1992.
2 New Zealand Ministry of Health. Guidelines to the Mental Health (Compulsory Assessment and Treatment) Act 1992. Ministry of Health, 2000.
3 New Zealand Ministry of Health. Guidelines to the Mental Health (Compulsory Assessment and Treatment) Act 1992. Ministry of Health, 2012.
4 Department of Health. Code of Practice – Mental Health Act 1983. TSO, 2008.
5 Care Quality Commission. SOAD Report Form. Care Quality Commission, 2013 (www.cqc.org.uk/mha).
6 Dawson, J, Ellis, P, Glue, P, Lenagh-Glue, J, Goldsmith, D, Smith, DA. Mandatory second opinions on compulsory treatment. In New Zealand's Mental Health Act in Practice (ed Dawson, J and Gledhill, K): 229–46. Victoria University Press, 2013.
7 Lenagh-Glue, J, Glue, P, Dawson, J. When the mandatory second opinion fails to approve compulsory treatment. Australasian Psychiatry (in press).
8 Fennell, P. Treatment Without Consent. Routledge, 1993.
9 Mental Health Act Commission. Risk, Rights, Recovery: 12th Biennial Report 2005–2007. TSO, 2008.
10 Mental Health Act Commission. Coercion and Consent: 13th Biennial Report 2007–2009. TSO, 2009.
11 Care Quality Commission. Monitoring the Mental Health Act in 2011/12. CQC, 2013.
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BJPsych Bulletin
  • ISSN: 2056-4694
  • EISSN: 2056-4708
  • URL: /core/journals/bjpsych-bulletin
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Lessons from export to New Zealand of the second opinion appointed doctor scheme

  • John Dawson (a1), Paul Glue (a1), Pete M. Ellis (a2), Jessie Lenagh-Glue (a1), David Goldsmith (a3) and Don A. R. Smith (a2)...
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